LAW ON THE ELECTION OF THE STATE   GREAT HURAL OF MONGOLIA        PROCEDURE FOR  OBSERVATION AND REPORTING    ON THE ELECT...
LAW ON THE ELECTION OF THE STATE   GREAT HURAL OF MONGOLIA PROCEDURE FOR OBSERVATION ANDREPORTING ON THE ELECTION OF THE S...
CONTENTS1.	   LAW ON THE ELECTION OF THE STATE GREAT      HURAL OF MONGOLIA2.	   PROCEDURE FOR OBSERVATION AND REPORTING  ...
Unofficial translation                                LAW OF MONGOLIA                                   December 15, 2011 ...
3.1.3. “Candidate” means a citizen who has been nominated andregistered for election as a Member of the State Great Hural ...
4.4. A regular election must be held within the time frame set forth inArticle 4.3 of this law and it is prohibited to alt...
Article 21.2 of the Constitution of Mongolia.5.2. Election shall be universal and every citizen of Mongolia eligibleto vot...
6.3. Illegal restriction of the right of a citizen of Mongolia (hereinafterreferred to as “citizen”) to elect and be elect...
administered by the General Election Commission and Cabinet Memberin charge of foreign relations.6.9. A citizen who is in ...
circumstances such as natural disaster, other unforeseen danger, or astate of war or public disorder set forth in Article ...
9.2. Decisions on the preparations for and organization of electionsissued by election committees within the bounds of the...
election outcomes and data forms, letterheads and stamps, seals andwax for electoral district, sub-district and division c...
case basis, supported by the outlays the General Election Commissionhas produced on the basis of population data provided ...
Article 12. District and its delimitation12.1. The State Great Hural shall create 26 districts with account taken ofthe po...
13.3. Separation of voters in an organized manner from an already createddivision due to extraordinary circumstances, inte...
Court, judge, prosecutor or candidate for a Member of the State GreatHural is prohibited from membership in election commi...
14.12. State and local self-government authorities and economic entitiesand organizations have the duty to participate in ...
16.2. A district committee shall exercise the following powers in itsterritory:        16.2.1. plan and organize an electi...
16.2.11. compile election documents as per procedures approvedby the General Election Commission and submit them to the Ge...
17.2.6. compile election documents as per procedures approvedby the General Election Commission and submit them to the res...
vote counting equipment and other items required for polling andorganize ballot casting;          18.3.6. total voting res...
19.5. The resolution referred to in Article 19.1 hereof shall be signed bythe chairperson and secretary of the election co...
organization or an official that bears duties under the electoral legislationto review and resolve issues pertaining to th...
CHAPTER FOUR                               Electoral rollArticle 20. Preparation and exposure of electoral roll20.1. The e...
data in the electoral roll posted on the website pursuant to Article 20.4hereof��       .20.6.������������������ and the c...
least 40 days before the polling day.20.10. Commander of a military regiment or unit based in the division’sterritory shal...
circumstances other than where it is required for division committee’sstatutory purposes or requested by a party, a coalit...
21.4. Taking actions referred to in Article 21.1 and 21.2 hereof on thepolling day is prohibited.21.5. An official who is ...
equal to three to five times the monthly minimum wage, electioncommittee member to two to four times the monthly minimum w...
in elections, the resolution of the coalition’s representative body referredto in Article 24.6 hereof;         23.4.2. Not...
24.1.2. approval of the number of candidates from each party in thecoalition; 24.1.3. discussion and nomination of candida...
the coalition agreement, it shall not have the right to change the numberof seats allocated for the parties pursuant to Ar...
24.11 hereof -- from uniting and forming a coalition again during thegiven State Great Hural elections or in the resulting...
made in violation of the procedures and requirements laid down in Article24.1-24.4 hereof����                 ;���        ...
26.4. A candidate shall meet the following requirements apart from thosespecified in Article 6.2 hereof.        26.4.1. to...
26.11. If a civil servant who has been discharged from civil servicepursuant to Article 26.6 hereof returns to civil servi...
27.5.3. to prohibit solicitation by means of money or materialgain, intimidation or deception in nomination processes unde...
28.5. The last name (father or mother’s), given name, citizen identificationcard number, personal identification number an...
other than those proposed for districts within the time frame set forth inArticle 29.2 hereof to the General Election Comm...
29.10. The General Election Commission and district committees shallissue their decisions on whether to register candidate...
General Election Commission and district committees shall pass theirdecisions on the registration of candidates.29.13. The...
29.20. If a candidate has been registered due to concealment of a knownviolation of Article 29.11 hereof, the culpable cha...
candidate and electioneer shall assist the party, coalition or candidate inconducting the campaign activities such as meet...
Article 33. Guarantees for candidate’s activities33.1. A party, coalition or candidate shall have a right to promote itsor...
CHAPTER SEVEN                      Election platform and campaigningArticle 34. Election platform34.1. A party, coalition ...
34.8. A violation of Article 34.2 and 34.3 hereof shall provide groundsfor the removal of a concerned candidate from the s...
squares and other public locations as determined by the presiding bodiesof Citizens Representatives Hurals of soums and di...
35.15. The following actions and activities seeking to entice voters shallbe prohibited for all from the beginning of the ...
deadline specified in Article 35.3 hereof to the end of the polling orconduct an opinion poll or publish or distribute res...
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
Law on election and procedure for observation 20120604
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Law on election and procedure for observation 20120604

  1. 1. LAW ON THE ELECTION OF THE STATE GREAT HURAL OF MONGOLIA PROCEDURE FOR OBSERVATION AND REPORTING ON THE ELECTION OF THESTATE GREAT HURAL OF MONGOLIA ULAANBAATAR 2012
  2. 2. LAW ON THE ELECTION OF THE STATE GREAT HURAL OF MONGOLIA PROCEDURE FOR OBSERVATION ANDREPORTING ON THE ELECTION OF THE STATE GREAT HURAL OF MONGOLIA ULAANBAATAR 2012
  3. 3. CONTENTS1. LAW ON THE ELECTION OF THE STATE GREAT HURAL OF MONGOLIA2. PROCEDURE FOR OBSERVATION AND REPORTING ON THE ELECTION OF THE STATE GREAT HURAL OF MONGOLIA
  4. 4. Unofficial translation LAW OF MONGOLIA December 15, 2011 LAW ON THE ELECTION OF THE STATE GREAT HURAL OF MONGOLIA (Revised) CHAPTER ONE General provisionsArticle 1. Purpose of the Law1.1. The purpose of the Law is to define the basic principles andprocedures of the election of State Great Hural of Mongolia, ensure theright of a citizen of Mongolia to elect and be elected, and regulate therelations arising from the organization and conduct of elections.Article 2. Legislation on the State Great Hural elections2.1. The legislation on the election of the State Great Hural of Mongoliaconsists of the Constitution of Mongolia, this law, and and other legalacts passed in conformity with these laws.Article 3. Legal terms and definitions3.1. The following terms used in this Law shall be construed as follows: 3.1.1. “Voter” means a citizen of Mongolia eligible to vote� ; 3.1.2. “����������������������������������������������������������� Citizen eligible to vote” means a citizen who has attainedthe age of eighteen years and has the full legal capacity as set forth inArticle 15.1 of the Civil Law; Constitution of Mongolia, State Information Bulletin, Issue 1, 1992 Civil Law of Mongolia, State Information Bulletin, Issue 7, 2002
  5. 5. 3.1.3. “Candidate” means a citizen who has been nominated andregistered for election as a Member of the State Great Hural of Mongoliaand has obtained a candidate identification card as per the procedures setforth in this Law; 3.1.4.“Attaining the age of eighteen years” means a citizen’sattainment of this age on or before the polling day as counted from thedate of his/her birth� ; 3.1.5. “Attaining the age of twenty five” means a citizen’sattainment of this age on or before the polling day as counted from thedate of his/her birth� ; 3.1.6. “����������������������������������������������� Party member” means a citizen who has become amember of and registered with apolitical party� ; 3.1.7. “State-owned legal person” means a state authority, office,or a state-owned enterprise defined in Articles 13 and 15 of the Law onState and Local Property; 3.1.8. “Partially state-owned legal person” means a legal persondefined in Article 21 of the Law on State and Local Property that holdsstate-owned shares or where the state is an investor.Article 4. State Great Hural (Parliament) of Mongolia election4.1. Election of the State Great Hural of Mongolia (hereinafter referredto as “election”) is the principal means of constituting the legislaturewith their representatives by the people of Mongolia through the exerciseof state power.4.2. The types of election shall be a regular election, non-regular election,by-election, and re-election.4.3. “Regular election” means an election that is held every four yearspursuant to Article 21.2 of the Constitution of Mongolia. Law of Mongolia on Public Property, State Information Bulletin, Issue 11, 1996
  6. 6. 4.4. A regular election must be held within the time frame set forth inArticle 4.3 of this law and it is prohibited to alter the time frame set forthin Article 4.3 hereof in circumstances other than the state of emergencyprovided for in the Constitution of Mongolia.4.5. “Non-regular election” means an election to be held if the StateGreat Hural of Mongolia (hereinafter referred to as “State Great Hural”)decides to dissolve itself or the President of Mongolia decides to dissolvethe State Great Hural pursuant to Article 22.2 of the Constitution ofMongolia.4.6. “By-election” means an election to be held to fill a seat vacated bya Member of the State Great Hural pursuant to Article 52.1 and 52.2hereof.4.7. “Re-election” means a new election to be held in the country’s entireterritory after a regular or non-regular election has been deemed invalidas a whole or in districts after a regular, non-regular or by-election hasbeen deemed invalid in one or more districts.4.8. Pursuant to Article 21, Section1 of the Constitution of Mongolia, 76members shall be elected to the State Great Hural.4.9. Not more than the first 48 candidates of the slate referred to in Article27.1 of this law shall be elected from 26 electoral districts referred to inArticle 12 hereof, and not more than 28 candidates shall be elected fromthe list of a political party or an electoral coalition of political parties(hereinafter referred to as “party or coalition”) respectively./Provision of this Article“…issued in accordance with Article 49.1.6 ofthis law…” has been rendered null and void by Resolution No.03 ofMay 2nd, 2012 of the Constitutional Court of Mongolia./Article 5. Principles of election5.1. The election system shall undertake to ensure the right of an eligiblevoting citizen of Mongolia to elect a Member of the State Great Huralthrough universal, free and direct suffrage by secret ballot pursuant to
  7. 7. Article 21.2 of the Constitution of Mongolia.5.2. Election shall be universal and every citizen of Mongolia eligibleto vote (hereinafter referred to as “eligible voting citizen”) is entitled toparticipate therein.5.3. A voter shall participate in the election based on direct suffragewithout any representation and cast his/her vote by himself/herself.5.4. Election shall be free and any attempt to force or prevent a voter’sparticipation and free expression of his/her will in an election shall beprohibited.5.5. A voter shall be provided with an opportunity to express his/her willthrough secret ballot without undue influence.5.6. A citizen who has intentionally hindered a voter from exercisinghis/her right set forth in Article 5.4 and 5.5 hereof in any manner shallbe subject to a fine in Togrogs equal to one to two times the monthlyminimum wage, an official to two to three times the monthly minimumwage, and a legal person to three to seven times the monthly minimumwage respectively.5.7. A violation of Article 5.4 and 5.5 hereof committed by a civilservant shall provide the grounds for his/her dismissal without a right toreinstatement in public service for a period of one year.Article 6. Right of citizen of Mongolia to elect and be elected6.1. An eligible voting citizen is entitled to participate in an electionwithout discrimination on the grounds of ethnicity, language, race, sex,social origin and status, property, employment, occupation, religion,opinion, and education.6.2. A citizen of Mongolia, who is twenty five years of age, has full legalcapacity and meets the criteria set forth in this Law shall have the rightto be elected a Member of the State Great Hural.
  8. 8. 6.3. Illegal restriction of the right of a citizen of Mongolia (hereinafterreferred to as “citizen”) to elect and be elected shall be prohibited.6.4. A citizen whose legal incapacity is proven by a court decision orwho is serving imprisonment shall not have the right to participate in anelection.6.5. “Proof of legal incapacity by a court decision” shall be construed asproof of a citizen’s legal incapacity by a court of law as per the proceduresset forth in Article 18.2 of the Civil Law and Articles 141-143 of theCivil Procedure Law.6.6. “Citizen serving imprisonment” shall be construed as a citizenserving imprisonment as per an effective court decision and also includea citizen who is evading imprisonment or who is on temporary releasefrom prison.6.7. An eligible voting citizen residing in a foreign country in whicha diplomatic mission of Mongolia is located and registered with thestate register shall abide by the following procedures to participate in anelection. 6.7.1. An eligible voting citizen residing in a foreign countryshould notify of his/her participation in the election and register andparticipate therein in person; 6.7.2. An eligible voting citizen residing in a foreign countryshould only vote for a party or coalition that is participating in theelection; and 6.7.3. Polling of an eligible voting citizen residing in a foreigncountry should be held and his/her sealed vote delivered to the GeneralElection Commission within at least 15 days prior to the polling day.6.8. Procedures related to the participation and polling of an eligiblevoting citizen residing in a foreign country in which a diplomatic missionof Mongolia is located in an election shall be jointly approved and Law of Mongolia on Civil Procedure, State Information Bulletin, Issue 8, 2002
  9. 9. administered by the General Election Commission and Cabinet Memberin charge of foreign relations.6.9. A citizen who is in violation of Article 6.3 hereof shall be subject toa fine in Togrogs equal to two to four times the monthly minimum wage,an official to three to five times the monthly minimum wage, and a legalperson to five to seven times the monthly minimum wage respectively.6.10. A violation of Article 6.3 hereof committed by a civil servant shallprovide the grounds for his/her dismissal without a right to reinstatementin public service for a period of one year.Article 7. Right to nominate candidates for membership in theState Great Hural7.1. A party or a coalition referred to in Article 23.1 hereof has the rightto propose a candidate for a Member of the State Great Hural.7.2. Provided that a citizen referred to in Article 6.2 hereof obtainssupport of at least 801 voters from one electoral district he/she shall theright to propose his/her candidacy for a Member of the State Great Huralas an independent candidate in the given electoral district.Article 8. Setting and announcement of the election date8.1. The State Great Hural shall set and announce the election date withinat least 60 days before the polling day.8.2. The polling day of a regular election shall be a working day in thelast week of June of the election year.8.3. “Election year” shall be construed as a year in which a regularelection set forth in Article 4.3 hereof shall be held.8.4. The polling day set forth in Article 8.2 hereof shall be a publicholiday.8.5. If a regular election cannot be held owing to extraordinary
  10. 10. circumstances such as natural disaster, other unforeseen danger, or astate of war or public disorder set forth in Article 25.2 and 25.3 of theConstitution of Mongolia occurring in the whole or part of the country’sterritory, the State Great Hural shall be postpone the regular election.8.6. In the event the extraordinary circumstances referred to in Article 8.5hereof arise after the formal announcement of the election date by the StateGreat Hural, the State Great Hural shall repeal its decision that sets andannounces the election date and discontunue regular election activities.8.7. In the event the State Great Hural postpones the election pursuantto Article 8.5 hereof or repeals its decision that sets and announces theelection date and discontunues regular election activities pursuant toArticle 8.6 hereof, relations pertaining to the setting and announcementof the date for a regular election following the end of extraordinarycircumstances referred to in Article 25.2 and 25.3 of the Constitution ofMongolia shall be regulated under Article 30.5 and 30.6 of the Law onthe State Great Hural of Mongolia.Article 9. Principles of administration of elections9.1. A state authority and a body of local self-government and theirofficials in charge of administering an election, a party or a coalitionparticipating in the elections as well as other organizations and officialsshall abide by the following principles in organizing and participating inan election: 9.1.1. Rule of law; 9.1.2. Transparency; 9.1.3. Integrity; 9.1.4. Expeditious, objective and fair dispute resolution; and 9.1.5. Inevitability of legal liability of an organization or officialthat is in breach of voter rights and/or electoral legislation. Law of Mongolia on the State Great Hural, State Information Bulletin, Issue 8, 2006
  11. 11. 9.2. Decisions on the preparations for and organization of electionsissued by election committees within the bounds of their powers grantedunder this Law for uniform ccompliance shall be made public throughthe mass media.9.3. The principle of transparency of electoral administration shall notapply to the vote by secret ballot.9.4. A media outlet or its official is obligated to disseminate accurate andobjective information on election activities.9.5. A non-governmental organization with a statutory purpose ofpromoting citizen participation in the management of state affairshas the right to facilitate, as per procedures prescribed by the GeneralElection Commission, a lawful and fair conduct of elections by way ofmonitoring the compliance of election committees or other organizationsand officials participating in the electoral process with the electorallegislation, providing voter education and skills training to ensure theexercise of voter rights.9.6. Chairperson of an election committee who is in violation of Article9.2 hereof shall be subject to a fine in Togrogs equal to two to three timesthe monthly minimum wage, a media outlet that is in breach of Article9.4 hereof to fifteen to twenty times the monthly minimum wage, and amedia outlet official to two to three times the monthly minimum wagerespectively.Article 10. Economic guarantee for election activities10.1. The following expenses related to election administration shall befinanced from the public budget. 10.1.1. Operating expenses of electoral bodies as well as thepurchase, lease, application, protection, storage, maintenance, printing,manufacturing, transportation, and delivery of identification cardsof candidates, a party or a coalition’s election office staffers, aides tocandidates, electioneers and election observers, ballot papers, independentcandidate’s supporter-voter signature collection forms, electoral rolls, 10
  12. 12. election outcomes and data forms, letterheads and stamps, seals andwax for electoral district, sub-district and division committees, pollingequipment and software, and marking devices� ; 10.1.2.���������������������������������������������������������� Ballot boxes and electoral division committee office andpolling station furnishings and supplies; 10.1.3. Printing and delivery of election legislation and legalacts and manuals pertaining to election administration ; 10.1.4. Training on electoral process management for chairmen,secretaries, and members of electoral district, sub-district and divisioncommittees; 10.1.5. Public education and public information activities onthe electoral legislation and organization and administration as well asprogress and timelines of the electoral process; 10.1.6. Monitoring of the campaign finance and its expenditureby parties, coalitions and candidates; 10.1.7. Conduct of re-polling, non-regular election, by-electionor re-election; 10.1.8. Monetary remuneration and catering for chairmen,secretaries, and members of election committees in a period of theirwork in election committees; 10.1.9. Stationery, mail, communications, transportation andtravel per diems for election committees; 10.1.10. Contingency provisioning for extraordinarycircumstances; and 10.1.11. Other expenses approved by the State Great Hural.10.2. The State Great Hural shall approve the expenditures to be financedfrom the public budget as set forth in Article 10.1 hereof on a case by 11
  13. 13. case basis, supported by the outlays the General Election Commissionhas produced on the basis of population data provided by the stateregistration office.10.3. Fully or partially state- and local government-owned legal entitiesshall provide facilities for district, sub-district and division committeesand polling free of charge.10.4. A governor of an administrative and territorial unit of the given levelshall be responsible for ensuring the provision of facilities, transportation,communications, and other means required for district, sub-district anddivision committees.10.5. State central and local audit offices shall conduct audit and givean opinion on the execution of expenditures set forth in Article 10.1hereof.10.6. An official who is in breach of Article 10.3 hereof shall be subjectto a fine in Togrogs equal to two to three times the monthly minimumwage, a legal person to three to seven times the monthly minimum wage,and a governor that is in breach of Article 10.4 hereof to two to threetimes the monthly minimum wage respectively. CHAPTER TWO Structure of electoral areaArticle 11. Division of electoral area11.1. The electoral area shall be the territory of Mongolia.11.2. The electoral area in which 48 Members of the State Great Huralstipulated in Article 4.9 hereof are elected shall be divided into electoraldistricts (hereinafter referred to as “district”) created pursuant to Article12.1 and 12.2 hereof.11.3. A district shall be divided into electoral divisions (hereinafterreferred to as “division”). 12
  14. 14. Article 12. District and its delimitation12.1. The State Great Hural shall create 26 districts with account taken ofthe population size and boundaries of administrative and territorial unitswithin aimags (provinces) and capital city districts, and set the numberof mandates in a district, district identification number, its territory andcenter at least six months before the polling day.12.2. In the case the population in an aimag or capital city district is lessthan the national average established for district creation, an adjacentaimag or capital city district may be combined to delimit a district.12.3. National averages for electoral district population shall be setdifferently for aimags and capital city.12.4. The General Election Commission may put forward a proposal tochange districts to the State Great Hural in the following cases.12.4.1. If a change made to the division of administrative and territorialunits may affect the structure of districts; and12.4.2. If a change of more than 20 percent in the size of a districtpopulation that has occurred in the period following the previous electionmay affect the structure of the district.Article 13. Division and its creation13.1. Presiding officers of Citizens Representatives Hurals of soums(provincial district) and city districts shall create polling and votecounting divisions based on the resident domicile data of their respectiveadministrative and territorial units as provided by the governmentauthority in charge of state registration, and announce division territoriesand centers before February 15 of a regular election year.13.2. One division shall have up to 2,000 voters in a soum, up to 2,500voters in an aimag center, and up to 3,000 voters in a capital citydistrict. 13
  15. 15. 13.3. Separation of voters in an organized manner from an already createddivision due to extraordinary circumstances, integration of divisions orcreation of a new division may be undertaken within at least seven daysbefore the polling day. CHAPTER THREE Electoral management system and its structure and powersArticle 14. System of electoral bodies14.1. The electoral management system shall consist of central and localelectoral bodies.14.2. The central electoral body shall refer to the General ElectionCommission and local electoral bodies to electoral district committee(hereinafter referred to as “district committee”), electoral sub-districtcommittee (hereinafter referred to as “sub-district committee”), andelectoral division committee (hereinafter referred to as “divisioncommittee”).14.3. The General Election Commission shall organize election activitiesnationwide, district committees in district territories, sub-districtcommittees in soums and city districts, and division committees inadministrative and territorial units respectively.14.4. Election committees shall operate on the principle of hierarchywhere subordinate election committees must enforce legal decisionsissued by superior election committees, and superior election committeesshall have the right to repeal illegal decisions made by subordinateelection committees.14.5. Only a core civil servant or public service employee shall beappointed and hired to work for a district, sub-district, or divisioncommittee. 14.6. A representative of a party or a coalition which is participatingin the election, political appointees, and member of the Constitutional 14
  16. 16. Court, judge, prosecutor or candidate for a Member of the State GreatHural is prohibited from membership in election committees.14.7. A district, sub-district and division committee shall exercise itspowers from the date it has been created until the General ElectionCommission discontinues the activities of district committee anddistrict committees discontinue the activities of sub-district and divisioncommittees in their respective jurisdictions.14.8. The chairperson, secretary or a member of a district, sub-districtor division committee is prohibited from conducting or organizing orabetting in any manner any illegal action such as promotion of a party,coalition or candidate participating in the election, intentional hindranceto the exercise of voter rights or to the polling or vote counting processesthereof, voting on someone else’s behalf, tampering with security seals ofa sealed mobile ballot box or vote counting machine, signature forging,replacement of a ballot paper, and using non-standard ballot paper forpolling.14.9. Chairpersons, secretaries, and members of election committees shalladhere to the code of ethics for election committee member approved bythe State Great Hural.14.10. Civil servants, candidates, campaign bodies of parties orcoalitions participating in an election, and their staff, aides to candidates,electioneers and other entities are prohibited from interfering with and/orotherwise hindering the activities of election committees on organizingelections and/or monitoring compliance with the electoral legislation.14.11. In circumstances other than those where the chairperson, secretaryor a member of a district, sub-district or division committee is apprehendedin the process of committing an offense or at scene with incriminatingevidence in the period of elections, it is prohibited to bring a criminalcharge against, apprehend or detain him/her without the consent of asuperior election committee, transfer him/her to another job without his/her consent or dismiss him/her from his/her job at the discretion of theadministration. 15
  17. 17. 14.12. State and local self-government authorities and economic entitiesand organizations have the duty to participate in the organization ofelections within the bounds of their powers set forth in this Law, Lawon Administrative and Territorial Unit and its Administration and otherapplicable laws, by fulfilling the legal demands put forth by electioncommittees of appropriate levels and assisting them in their work.14.13. If a violation of Article 14.8 hereof does not warrant bringing acriminal charge against the chairperson, secretary or a member of anelection committee, he/she shall be removed from the composition of theelection committee and the violation shall provide the grounds for his/her dismissal from civil service without a right to return to civil servicefor a period of one year.14.14. An official in violation of Article 14.10 hereof shall be subject to afine in Togrogs equal to two to three times the monthly minimum wage,candidate or other persons or entities to one to two times the monthlyminimum wage, a party or coalition to three to seven times the monthlyminimum wage, an official in violation of Article 14.12 hereof to two tothree times the monthly minimum wage, and a legal person to three toseven times the monthly minimum wage respectively.14.15. A public servant is in violation of Article 14.11 hereof shall besubject to a disciplinary sanction stipulated in applicable laws.Article 15. The General Election Commission and its powers15.1. The legal status, structure, and operating procedures of the GeneralElection Commission shall be determined by law.Article 16. District committee and its powers16.1. The General Election Commission shall create district committeeseach consisting of chairperson, secretary, and an odd number of 7 to 13members and announce them nationwide within at least 55 days beforethe polling day. Law on Administrative and Territorial Unit and its Administration of Mongolia, published inState Information Bulletin, Issue 2, 2007 16
  18. 18. 16.2. A district committee shall exercise the following powers in itsterritory: 16.2.1. plan and organize an election ; 16.2.2. monitor the enforcement of the electoral legislation; 16.2.3. provide administrative and methodological guidance tothe activities of its subordinate sub-district and division committees; 16.2.4. assign division committee numbers; 16.2.5. expend public funds allocated by the General ElectionCommission for stated purposes, disburse funds to subordinate sub-district and division committees as per applicable procedures and monitorexpenditure thereof; 16.2.6. register and issue identification cards to candidatesrunning in the district; 16.2.7. coordinate activities of its district and division committeesand state and local-government authorities of appropriate levels onmatters pertaining to the organization and conduct of elections in thegiven territory, hear reports from their senior officials and take necessaryaction; 16.2.8. review and resolve petitions or complaints with regard tothe decisions made by its sub-district or division committee and respondin writing thereof; 16.2.9. total the voting results of the district based on the pollingoutcome reports by its sub-district and division committees, deliver thecollation report to the General Election Commission, announce electionresults to the public; 16.2.10. organize re-polling, by-election and re-election withinthe bounds of its powers and as per legislation; 17
  19. 19. 16.2.11. compile election documents as per procedures approvedby the General Election Commission and submit them to the GeneralElection Commission; 16.2.12. perform tasks related to the organization and conduct ofelections as assigned by the superior election body in accordance with law; and 16.2.13. Other powers prescribed by law.Article 17. Sub-district committee and its powers17.1. A district committee shall create a sub-district committee consistingof chairperson, secretary and 5 or 7 members in a soum or, if required,a city district and make public announcement in the respective territorywithin at least 50 days before the polling day.17.2. A sub-district committee shall exercise the following powers in itsterritory, apart from those stipulated in Article 16.2.1, 16.2.2, and 16.2.7hereof: 17.2.1. provide administrative and methodological guidance tothe activities of its division committees; 17.2.2. expend public funds allocated by the district committeefor the stated purposes, disburse funds to division committees as perapplicable procedures and monitor expenditure thereof; 17.2.3. review and resolve petitions or complaints pertaining toissues within its jurisdiction, respond in writing thereof; 17.2.4. total the voting results for the respective territorybased on polling outcome reports by its division committees, deliver thecollation report to the respective district committee, announce electionresults to the public; 17.2.5. perform tasks pertaining to the organization and conductof elections as assigned by its superior election committee in accordancewith law; 18
  20. 20. 17.2.6. compile election documents as per procedures approvedby the General Election Commission and submit them to the respectivedistrict committee; and 17.2.7. Other powers prescribed by law.Article 18. Division committee and its powers18.1. A district committee shall create division committees eachconsisting of chairperson, secretary and members and announce them inthe respective territory within at least 45 days before the polling day.18.2. The membership of a division committee shall be defined based onthe number of voters in the given territory and workload, as follows: 18.2.1. 5 or 7 where the division has up to 2,000 voters; 18.2.2. 7 or 9 where the division has 2,000-2,500 voters; or 18.2.3. 9 or 11 where the division has more than 2,500 voters.18.3. A division committee shall have the following powers: 18.3.1. notify voters of the division committee’s address andwork schedule and the polling day and hours; 18.3.2. notify a corresponding state registration office of votertransfers and registration of transferred voters; 18.3.3. notify a corresponding state registration office of erroneousentries of persons whose legal incapacity has been proven by a court oflaw or who are serving imprisonment terms in the electoral roll; 18.3.4. notify a corresponding state registration office to ensurethe resolution of a conflict between the voter data specified in Article20.2 hereof and the data in his/her citizen identification card; 18.3.5. prepare polling station premises, mobile ballot boxes, 19
  21. 21. vote counting equipment and other items required for polling andorganize ballot casting; 18.3.6. total voting results and deliver collation report to therespective sub-district committee or, in its absence, to the respectivedistrict committee without delay; 18.3.7. compile election documents as per procedures approvedby the General Election Commission and submit them to the respectivesub-district committee or, in its absence, to the respective districtcommittee; 18.3.8. resolve petitions or complaints pertaining the organizationof elections, polling and/or vote counting within its jurisdiction or submitthese to a competent authority; 18.3.9. perform tasks assigned by superior election committeesin accordance with law; and 18.3.10. Other powers prescribed by law.Article 19. Proceedings of election committee19.1. A district, sub-district or division committee shall discuss an issuewithin its jurisdiction in a committee meeting, pass the decision by amajority vote of the members present and issue a resolution thereof.19.2. The quorum for the committee meeting referred to in Article 19.1 hereofshall be set at no less than two thirds of the election committee members.19.3. The chairperson, secretary or a member of an election committeeshall be prohibited from leaving the meeting referred to in Article 19.1hereof without valid excuse.19.4. In the event the chairperson, secretary or a member of the electioncommittee leaves the meeting without valid excuse he/she shall bedeemed present and having voted against the issue under discussion inthe meeting. 20
  22. 22. 19.5. The resolution referred to in Article 19.1 hereof shall be signed bythe chairperson and secretary of the election committee.19.6. The chairperson and secretary of the election committee shall have noright to refuse to sign a resolution issued in a meeting attended by at least twothirds of the election committee members as per Article 19.2 hereof.19.7. An election committee shall issue and approve, in a meeting,the rules of order which shall spell out the norms of transparency andopenness of its activities and terms of reference, operating principles andprocedures of its members.19.8. Decisions issued at election committee meetings shall be madepublic.19.9. Minutes of an election committee meeting shall be taken as per rulesapproved by the General Election Commission and the responsibility fornote taking shall be assigned to a member of the election committee.19.10. Election documents shall be recorded. The documents to berecorded and record-keeping rules and procedures shall be determinedby the General Election Commission.19.11. The chairperson of a district or sub-district committee shall issuea directive on issues of internal operations.19.12. The chairperson, secretary or a member of an election committeeshall be given leave of absence from his/her principal job in light of theduty to be performed and his/her principal employer shall pay his/hersalaries for the period in question.19.13. Unless otherwise provided by law, a complaint against a decisionmade by a lower election committee may be lodged with a superiorelection committee and the latter shall review and resolve the complaintand respond to the complainant in writing within three working daysfollowing receipt of the complaint.19.14. An election committee has a right to put forth a legal demand to an 21
  23. 23. organization or an official that bears duties under the electoral legislationto review and resolve issues pertaining to the organization and conductof elections or examination of breaches of law or redress of breachesof law. The organization or official in receipt of such a demand shalladdress the issue in question and furnish a written notification within twoworking days following the receipt of the demand.19.15. The General Election Commission or a district committee mayissue a procurement contract to an individual or legal person within thescope of the allocated public funding and without competitive bidding.This process shall not be subject to regulation under the Law on PublicProcurement of Goods, Works and Services.19.16. All organizations, officials and citizens that bear duties under theelectoral legislation shall be obligated to implement the decisions issuedby their respective election committees within the bounds of their legalpowers.19.17. Chairperson of an election committee who is in breach of Article19.9 hereof shall be subject to a fine in Togrogs equal to two to threetimes the monthly minimum wage, committee member to one to twotimes the monthly minimum wage, chairman, secretary or member of anelection committee who has failed to respond within the time frame set inArticle 19.13 hereof to a fine of two to three times the monthly minimumwage, an official who has failed to respond within the time frame setforth in Article 19.14 hereof to a fine of two to three times the monthlyminimum wage, a citizen who is in breach of Article 19.16 hereof to afine of one to two times the monthly minimum wage, an official to a fineof two to three times the monthly minimum wage, and a legal person to afine of three to seven times the monthly minimum wage respectively.19.18. Chairman or secretary of an election committee who is in breachof Article 19.6 hereof shall be removed from the election committee andthe violation shall provide the grounds for dismissal of the civil servantwithout a right of return to civil service for a period of one year. Law of Mongolia on Public Procurement of Goods, Works and Services, “State Information”bBulletin, Issue 48, 2005 22
  24. 24. CHAPTER FOUR Electoral rollArticle 20. Preparation and exposure of electoral roll20.1. The electoral roll shall be prepared based on the national civilregistration and information database. The government authority incharge of state registration shall organize and administer the verificationof the electoral roll, removal of duplicate entries, and registration ofeligible voting citizens absent from voter lists and other relevant activitiesnationwide.20.2. Father’s (or mother’s) name, given name, age, sex, citizenidentification card number, personal identification number and residenceaddress of a voter with domicile in a given division’s territory shallbe recorded in the electoral roll and voters shall be listed in order ofresidential address thereof.20.3. State registration branch offices of aimags and capital city shallreview the electoral rolls prepared by respective soum, district or khoroostate registration units and staff as per the forms approved by the GeneralElection Commission and the domicile register of bagh (smallest localadministrative unit) and khoroo populations, and deliver it to the centralgovernment authority in charge of state registration.20.4. The central government authority in charge of state registrationshall compile the data registering the last name (father or mother’s),given name, age, sex, citizen identification card number, personalidentification number and domicile of eligible voting citizens on theelectoral roll referred to in Article 20.3 hereof for each aimag, capitalcity, soum, district, bagh and khoroo and for each division createdpursuant to Article 13.1 hereof, and post the electoral roll on its websiteby the 15th day of March of the election year and keep it thereon untilthe end of the election.20��������������������������������������������������������������������������� .5.������������������������������������������������������������������������ The central government authority in charge of state registration shallensure that an eligible voting citizen has access only to his/her personal 23
  25. 25. data in the electoral roll posted on the website pursuant to Article 20.4hereof�� .20.6.������������������ and the central court decision enforcement The Supreme Courtauthority shall prepare the data on citizens of voting age whose legalincapacity has been determined by court of law and on citizens of votingage serving imprisonment respectively and deliver the data to the centralgovernment authority in charge of state registration by the 10th day ofApril of the election year.20.7. The central government authority in charge of state registrationshall make the following changes to the electoral roll posted on thewebsite pursuant to Article 20.4 hereof and prepare and deliver therevised electoral roll in hard copy and soft copy to the General ElectionCommission within at least 55 days before the polling day: 20.7.1. Changes made in response to the complaint by a voterabout his/her non-registration or incorrect registration in the electoralroll referred in Article 20.4 hereof; 20.7.2. Changes in civil registration data such as a voter’s lastname (father or mother’s), given name, age, sex, citizen identificationcard number, personal identification number and domicile; 20.7.3. Changes associated with the data on person’s death; and 20.7.4. Changes associated with the data on citizens referred toin Article 20.6 hereof.20.8. The General Election Commission shall organize the electoral rollsdelivered pursuant to Article 20.7 hereof by each electoral district anddeliver the electoral rolls in hard copy and soft copy to the correspondingdistrict committees within at least 50 days before the polling day.20.9. A district committee shall create an electronic database withthe electoral roll referred to in Article 20.8 hereof systematized foreach district division and deliver the division electoral rolls in hardcopy and soft copy to corresponding division committees within at 24
  26. 26. least 40 days before the polling day.20.10. Commander of a military regiment or unit based in the division’sterritory shall prepare data on citizens of voting age serving in theregiment/unit, and chief of police and court decision enforcementauthority shall prepare data on citizens of voting age arrested or detainedtemporarily or on remand on the grounds of administrative offences orin the course of legal proceedings, as per forms approved by the GeneralElection Commission and deliver the data to corresponding divisioncommittees within at least 30 days before the polling day.20.11. A division committee shall check the electoral roll referred to inArticle 20.9 hereof against the data on citizens of voting age referredto in Article 20.10 hereof. The checked electoral roll shall be signed bythe chairperson and secretary of the division committee and displayedpublicly within at least 20 days before the polling day to allow votersfree access to the information.20.12. Procedures for review and alteration of electoral rolls shall beapproved jointly by the central government authority in charge of stateregistration and General Election Commission.20.13. A voter should check his/her registration in the electoral rollreferred to in Article 20.4 and 20.11 hereof within at least ten days beforethe polling day.20.14. A division committee shall report the number of voters registeredin the electoral roll referred to in Article 20.11 hereof to its districtcommittee and the district committee shall total and report the number ofvoters from division committees to the General Election Commission.20.15. An electoral roll shall consist of main ballot box polling list andsealed mobile ballot box polling list.20.16. A voter shall be registered in one electoral roll of one electoraldivision only.20.17. Reproduction and distribution of an electoral roll is prohibited in 25
  27. 27. circumstances other than where it is required for division committee’sstatutory purposes or requested by a party, a coalition or an independentcandidate participating in the election.20.18. A party, a coalition or an independent candidate that has made arequest pursuant to Article 20.17 hereof shall bear the expenses for thepreparation of hard copy and soft copy of an electoral roll. The cost ofwork shall be determined by the General Election Commission.20.19. An official who is in breach of Article 20.3-20.7, 20.10, and20.16 hereof shall be subject to a fine in Togrogs equal to two to threetimes the monthly minimum wage, chairman; secretary or member ofelection committee who is in breach of Article 20.8, 20.9, 20.11, and20.14 hereof to two to three times the monthly minimum wage; and anentity in breach of Article 20.17 hereof to two to three times the monthlyminimum wage.20.20. In the case a violation referred to in Article 20.19 hereof is grave;it shall serve as the ground for dismissal of the official without a right ofreturn to civil service for a period of one year.Article 21. Procedures for resolving voter registration complaint21.1. If the name of a voter or of his/her family member is not registeredor registered incorrectly in the electoral roll, the voter shall lodge a writtencomplaint in his/her name or on behalf of his/her family member withthe corresponding state registration office at least ten days before thepolling day.21.2. A state registration office in receipt of a complaint pursuant toArticle 21.1 hereof, shall retrieve the data on the complainant from thenational civil registration and information database and issue a referencenote. An authorized civil registration office staff assigned to the divisioncommittee shall make a change to the voter’s data in the electoral rollwithin three days, based on the reference note.21.3. Alteration of an electoral roll on grounds other than those laid downin Article 21.2 hereof is prohibited. 26
  28. 28. 21.4. Taking actions referred to in Article 21.1 and 21.2 hereof on thepolling day is prohibited.21.5. An official who is in violation of Article 21.2-21.4 hereof shallbe subject to a fine in Togrogs equal to three to five times the monthlyminimum wage.Article 22. Transfer of voter22.1. A voter shall vote in a division that corresponds to his/her place ofdomicile.22.2. Transfer of voters shall be discontinued 30 days before the pollingday and a division committee is prohibited from registering a votertransfer within 30 days before the polling day.22.3. If a voter transfers within 30 days before the polling day, he/sheshall make a request providing official business or health related reasons,to the division committee responsible for his/her place of domicile andthe division committee shall notify the corresponding state registrationoffice thereof.22.4. A voter who has transferred pursuant to Article 22.3 hereof shallnotify the division committee of the place he/she has transferred to of thetransfer and the division committee shall notify the corresponding stateregistration office thereof.22.5. The corresponding state registration offices shall be responsible forthe removal and entry of the transferring voter in the relevant divisionelectoral rolls based on the notifications from the relevant divisioncommittees referred to in Article 22.3 and 22.4 hereof.22.6. Transfer/migration of citizens from one administrative unit toanother shall be suspended in the whole of the country from the day ofannouncement of the elections until the end of the polling day.22.7. The chairperson or secretary of an election committee who is inviolation of Article 22.2-22.4 hereof shall be subject to a fine in Togrogs 27
  29. 29. equal to three to five times the monthly minimum wage, electioncommittee member to two to four times the monthly minimum wage,and an official who is in violation of Article 22.5 and 22.6 hereof to threeto five times the monthly minimum wage respectively. CHAPTER FIVE Party and coalition participating in electionArticle 23. Expression of intent to participate in elections by a partyor a coalition23.1. A party which has registered with the Supreme Court before theday of announcement of elections shall have the right to participate inthe election.23.2. Two or more parties may participate in an election as a coalition inwhich case Article 23.1 hereof shall be applicable to each party formingthe coalition.23.3. A party or a coalition shall express its commitment to abide bythe Constitution of Mongolia, Law on the Election of the State GreatHural of Mongolia, Law on the Central Electoral Body, Law onAdministrative Liability, Criminal Law10 and other legislation, and itsintent to participate in the election in writing to the General ElectionCommission at least 50 days prior to the polling day.23.4. A party or a coalition shall deliver its letter of intent to participatein an election along with the following documents in attachment to theGeneral Election Commission: 23.4.1. Resolution of a party congress or the central representativebody elected and formed by the party congress if the party participates inthe election by itself, and, in the case a coalition is formed to participate Law of Mongolia on Central Electoral Body, State Information Bulletin, Issue 5, 2006 Law of Mongolia on Administrative Liability, State Information Bulletin, Issues 4-5, 199210 Criminal Law of Mongolia, State Information Bulletin, Issue 5, 2002 28
  30. 30. in elections, the resolution of the coalition’s representative body referredto in Article 24.6 hereof; 23.4.2. Notarized copy of the party by-laws registered with theSupreme Court of a party participating in elections on its own and allparties participating in a coalition; 23.4.3. Approved party or coalition election platform; 23.4.4. Opinion of the state audit office referred to in Article34.5 hereof; 23.4.5. Statement(s) on donations made by citizens and legalpersons to the party or parties in the coalition over the past year, auditedand certified by an audit body; and 23.4.6. Information containing the title of the party or coalition’scentral electoral body, its composition, address and contact phone number.23.5. The representative body of a coalition shall deliver the followingdocuments, apart from than those referred to in Article 23.4 hereof, to theGeneral Election Commission: 23.5.1. Notarized copy of the coalition agreement; and 23.5.2. Decision and minutes of a meeting of the top governingbody of each party participating in the coalition, referred to in Article24.1 hereof.Article 24. Creation of coalition by parties and coalition agreement24.1. If the parties registered with the Supreme Court pursuant to Article23.1 hereof form a coalition to participate in a regular election of the StateGreat Hural, each party joining the coalition shall hold its congress or ameeting of its central representative body and address the following:24.1.1. Discussion and approval of the title and election platform of thecoalition; 29
  31. 31. 24.1.2. approval of the number of candidates from each party in thecoalition; 24.1.3. discussion and nomination of candidates for the quota allocatedfor each party;24.1.4. appointment of party representatives (hereinafter referred to as“party representative body”) who are authorized to make decisions onelection-related issues on the party’s behalf in the coalition; and24.1.5. Review of the coalition agreement.24.2. The body referred to in Article 24.1 hereof shall revolve the issuereferred to in Article 24.1.3 hereof by secret ballot.24.3. If the parties intending to join the coalition address the issuesspecified in Article 24.1 hereof, and reach a common understanding,the coalition shall be deemed officially formed and chairpersons of theparties joining the coalition shall sign and stamp the coalition agreementto certify it.24.4. A coalition shall have an official title and an emblem. A coalitionshall be prohibited from adopting the name of an individual, country,ethnic group or a tribe or the title used by other parties in previous electionsand from changing the announced coalition title during elections and theterm of office of the newly elected State Great Hural.24.5. A party or a coalition is prohibited from joining a coalition alreadyformed pursuant to Article 24.1 and 24.3 hereof or after it has beenregistered for participation in elections pursuant to Article 25.5 hereof.24.6. A coalition representative body shall consist of representativesappointed by each party in the coalition pursuant to Article 24.1.4 hereof,and while having the power to make decisions on election- and coalition-related issues such as amendment of the coalition’s election platform andagreement, establishment of the order of candidates on the coalition list,nomination for political positions such as Chairperson of the State GreatHural and Prime Minister, nomination for by-elections and termination of 30
  32. 32. the coalition agreement, it shall not have the right to change the numberof seats allocated for the parties pursuant to Article 24.1.2 hereof.24.7. A coalition agreement shall relate common and reciprocal rightsand obligations of the parties to the coalition agreement, coalition title,coalition representative body and last names (father or mother’s name),given names and positions of persons on its governing body, coalition’selectoral body and last name (father or mother’s name) and first name ofan official who represents it, and other agreed issues.24.8. A coalition agreement shall be effective during the term of office ofthe State Great Hural formed as a result of the elections and its returns.24.9. Parties in a coalition shall participate in the regular election andby-elections of the State Great Hural and a newly elected State GreatHural as one entity. A party in a coalition shall be prohibited fromnominating a candidate, opening an election bank account, joining otherparty coalitions and participating in the elections on an individual basisor forming another coalition, and in the event any of the parties makesuch a decision, the coalition shall be deemed dissolved.24.10. A party in a coalition may leave the coalition at any time and aparty shall be deemed as having left the coalition once its representativebody referred to in Article 24.1 hereof officially notifies the representativebody specified in Article 24.6 hereof, in which case the coalition shall bedeemed dissolved.24.11. The representative body of a party specified in Article 24.1.4hereof may terminate the coalition agreement at any time.24.12. In the event a coalition is dissolved pursuant to Article 24.9-24.11hereof, the parties that formed this coalition during the State Great Huralelections and in the resulting State Great Hural are prohibited from re-uniting and forming a coalition as well as from organizing themselves inthe State Great Hural as one group.24.13. Parties that have not joined in coalitions from the outset areprohibited -- in the event of dissolution of a coalition as per Article 24.9- 31
  33. 33. 24.11 hereof -- from uniting and forming a coalition again during thegiven State Great Hural elections or in the resulting State Great Huralexcept the formation of a coalition government and from organizingthemselves as one group. This provision shall be inapplicable in the casewhere a party that has left a coalition and that holds more than eight seatsforms a group by itself.Article 25. Registration of a party or a coalition for participation inelections25.1. In registering a party or a coalition that has expressed its intentionto participate in the election pursuant to Article 23 hereof, the GeneralElection Commission shall check the accuracy and completeness of thedocuments submitted by the said party or coalition.25.2. The General Election Commission shall decide whether to registera party or a coalition for participation in the election based on thedocuments specified in Article 23.4 and 23.5 hereof, within five daysfollowing their receipt.25.3. Registration of a party or a coalition shall be denied in the followingcases: 25.3.1. If the party or any of the parties in the coalition fails tomeet the requirement laid down in Article 23.1 hereof� ; 25.3.2. If the documents specified in Article 23.4 and 23.5 hereofare incomplete or������� false� ������ ; 25.3.3. If the documents specified in Article 23.4 and 23.5 hereofare delivered past the deadline specified in Article 23.3 hereof; 25.3.4. If an election platform that has been found to be in breachof Article 34.3 and 34.4 hereof is not corrected in compliance with legalrequirements and delivered by the deadline specified in Article 25.4hereof; 25.3.5. If the decision on the formation of a coalition has been 32
  34. 34. made in violation of the procedures and requirements laid down in Article24.1-24.4 hereof���� ;��� or 25.3.6. If any of the parties forming a coalition expresses itsintention to leave the coalition pursuant to this Law before the decisionon registration has been made.25.4. Based on a opinion of the state audit office, the General ElectionCommission shall return an election platform that has failed to meet thecriteria set forth in Article 34.3 and 34.4 hereof to the party or coalitionconcerned, and the party or coalition shall bring its election platform intocompliance with the requirements set forth in Article 34.3 and 34.4 hereofand deliver it to the General Election Commission within three days.25.5. Where the General Election Commission decides to register a partyor a coalition, it shall issue a certificate of confirmation. CHAPTER SIX Candidate nomination for the State Great Hural and registration of candidateArticle 26. Uniform procedures for candidate nomination26.1. A party or a coalition participating in the elections shall startcandidate nomination for membership in the State Great Hural following20 days after the announcement of the election date and complete theprocess within seven days.26.2. Nomination of an independent candidate for elections shall startfollowing 15 days after the announcement of the election date and becompleted within 12 days.26.3. A citizen whose candidacy for a Member of the State Great Huralhas been registered and who has obtained the identification card of acandidate for a Member of the State Great Hural pursuant to Article29 hereof, shall be deemed to be a candidate for a Member of the StateGreat Hural. 33
  35. 35. 26.4. A candidate shall meet the following requirements apart from thosespecified in Article 6.2 hereof. 26.4.1. to have no loan, collateral or guarantee debts due forpayment to a bank or other legal persons or citizens as determined by acourt decision or overdue income taxes; 26.4.2. to have no criminal record or, if ever convicted, tohave such a conviction cleared pursuant to Article 78.2 and 78.3 of theCriminal Law; and 26.4.3. if a citizen of military service age, to have done the termof active military duty under the Law on Citizen’s Military Duty andLegal Status of Servicemembers11.26.5. Article 26.4.3 hereof shall not apply to a citizen who has attainedthe age of 27 years before this Law enters into force.26.6. Civil servant other than political appointee, or senior official ofa wholly or partially state- or local government-owned legal person,if intending to run for membership in the State Great Hural, shall bedischarged from civil service and his/her job or position before the 1stday of January of the election year.26.7. A member of one party is prohibited nomination by another partyand a coalition is prohibited from nominating candidates from partiesother than the coalition members.26.8. A candidate may not stand for election in more than one district.26.9. A party or a coalition may nominate a citizen not affiliated with anyparty on the basis of his/her written consent.26.10. A candidate shall choose and agree to nomination either for adistrict or for the list and the decision by the competent body thereof maynot be modified until the end of the polling.11 Law of Mongolia on Citizen’s Military Duty and Legal Status of Servicemembers, StateInformation Bulletin, Issue 3, 1992 34
  36. 36. 26.11. If a civil servant who has been discharged from civil servicepursuant to Article 26.6 hereof returns to civil service, procedures setforth in Article 17 of the Law on Civil Service Law12 shall apply.Article 27. Candidate nomination by party or coalition27.1. A party or coalition shall nominate not more than 76 candidates fora State Great Hural election, entered on one slate in the order set by theparty or coalition.27.2. Not less than 20 percent of the candidates proposed by a party orcoalition pursuant to Article 27.1 hereof shall be women.27.3. The number of candidates from a party or coalition in an electoraldistrict shall not exceed the number of the mandates allocated for thegiven district.27.4. Party candidate nomination shall be discussed and effected bysecret ballot and a democratic principle of majority vote in a congressor a meeting of the central representative body of the party pursuant toArticle 13.7 of the Law on Political Party.1327.5. In candidate nomination, a party shall abide by the followingprocedures apart from the general rules set forth in Article 26 hereof: 27.5.1. to ensure that party members meeting the requirementsspecified in this Law be selected on the basis of equal opportunity fornomination and election from primary party units as per its charter; and 27.5.2.in proposing a candidate, to consider the individual’sknowledge, education, experience and skills qualifying him/her forMember of the State Great Hural, commitment to dedicating his/herintellect, energy and effort for the good of the country and people, and toupholding and consolidating Mongolia’s independence and sovereignty,and his/her capacity to abide by the norms of integrity, rule of law andethical conduct of Member of the State Great Hural;12 Law of Mongolia on Civil Service, State Information Bulletin, Issue 28, 200213 Law of Mongolia on Political Party, State Information Bulletin, Issue 7, 2005 35
  37. 37. 27.5.3. to prohibit solicitation by means of money or materialgain, intimidation or deception in nomination processes undertakenpursuant to Article 27.5.1 hereof; 27.5.4. in creating the slate referred to in Article 27.1 hereof,to arrange no more than first 48 candidates in order of districts and nomore than 28 candidates in order of the number and percentage of votesobtained by each candidate in the meeting set forth in Article 24.1 and27.4 hereof; and 27.5.5. to include the information on party congress or centralrepresentative body or coalition representative body, number of itsmembers, rate of meeting attendance, number and percentage of votesobtained by each candidate the party or coalition nominates, andcandidate’s qualification as per the terms and criteria specified in thisLaw in the minutes of the candidate nomination meeting.27.6. In nominating its candidates, a coalition shall abide by the proceduresset forth in Article 24.1.2, 24.1.3, 24.2, 24.6, and 27.5 hereof.27.7. A party or a coalition shall issue and enforce its own internalprocedures for candidate nomination in compliance with this Law.Article 28. Nomination of independent candidate28.1. Independent candidate referred to in Article 7.2 hereof shall proposehis/her candidacy in the district referred to in Article 11.2 hereof.28.2. Independent candidate shall collect signatures of supporter-voterswhose number is specified in Article 7.2 hereof in a form approved bythe General Election Commission.28.3. A district committee shall affix a seal to the form referred to inArticle 28.2 hereof and give it to the independent candidate.28.4. Independent candidate shall secure the presence of voters fromeach aimag or city district in the electoral district during the collection ofsignatures of supporter-voters referred to in Article 28.2 hereof. 36
  38. 38. 28.5. The last name (father or mother’s), given name, citizen identificationcard number, personal identification number and domicile of a supporter-voter shall be entered eligibly and accurately in the form referred to inArticle 28.2 hereof.Article 29. Registration of candidates29.1. District committees shall register candidates nominated for districtsand the General Election Commission shall register party and coalitioncandidates other than those proposed for districts.29.2. A nominating party or coalition shall deliver the followingdocuments on it candidate proposed for an electoral district to the districtcommittee within five days after the end of the nomination process setforth in Article 26.1 hereof: 29.2.1. the resolution and minutes on candidate nomination� ; 29.2.2. Slate of all its candidates and each candidate’s writtenconsent� ; 29.2.3. candidate’s asset and income declaration� ; 29.2.4. candidate’s non-indebtedness declaration and certificationthereof from a competent authority or organization pursuant to Article26.4.1 hereof� ; 29.2.5. police certification confirming the status specified inArticle 26.4.2 hereof; 29.2.6. resolution of a competent authority or organization onthe discharge of the person referred to in Article 26.6 hereof from civilservice and his/her job, position ;���� ����� and29.2.7. candidate’s resume.29.3. A nominating party or coalition shall deliver the documentsspecified in Article 29.2.1-29.2.7 hereof on party or coalition candidates 37
  39. 39. other than those proposed for districts within the time frame set forth inArticle 29.2 hereof to the General Election Commission.29.4. A party or a coalition shall deliver its resolution on candidatenomination for membership in the State Great Hural, the slate of allcandidates and minutes of the nomination meeting to the General ElectionCommission before it delivers the documents specified in Article 29.2hereof on its electoral district candidates to district committees.29.5. Independent candidate shall deliver the documents specified inArticle 29.2.3-29.2.7 hereof and the completed supporter-voter signaturecollection form along with the declaration of nomination of his/hercandidacy to the district committee within the time frame set forth inArticle 26.2 hereof.29.6. The declaration and certification referred to in Article 29.2.4 hereofshall be prepared for each candidate and delivered to the Supreme Court;the certification specified in Article 29.2.5 hereof shall be preparedfor each candidate by the central police authority and delivered to theGeneral Election Commission and district committees with officialletterhead within 35 days following the the day of the announcement ofthe election date.29.7. Samples of the documents referred to in Article 29.2.4 and 29.2.7hereof shall be approved by the General Election Commission.29.8. I n registering candidates, the General Election Commission ordistrict committee shall check the accuracy and completeness of thedocuments delivered by a party, coalition or candidate, and conformityof candidate nomination processes with law.29.9. A district committee shall verify the accuracy and correctnessof the data on supporter-voters of independent candidates by way ofrandom checks against electoral rolls and domicile registers issued bythe government authority in charge of state registration or interviewswith the citizen in question if need be. This task may be delegated to asub-district committee or, in the absence of a sub-district committee, toa division committee. 38
  40. 40. 29.10. The General Election Commission and district committees shallissue their decisions on whether to register candidates within seven daysafter they receive the documents referred to in Article 29.2-29.4 hereof.29.11. The General Election Commission and district committee shalldeny the registration of a candidate in the following cases: 29.11.1. candidate nomination was conducted in breach of thetime frame specified in Article 26.1 and 26.2 hereof; 29.11.2. the criteria for candidates set out in Article 26.4 and26.6 hereof have not been met� ; 29.11.3. a member of another party has been nominated in breachof Article 26.7 hereof; 29.11.4. deny registration of all candidates if candidatenomination process violates Article 27 hereof� ; 29.11.5. the documents referred to in Article 29.2, 29.3, and 29.5hereof are incomplete or false; 29.11.6. an independent candidate violated the proceduresspecified in Article 28 hereof, resorted to illegal means during signaturecollection such as substitution of persons, use of force, deceit, threat,solicitation with money or material gain, signing by ineligible voters,signature forgery or collected signatures using a form other than thatapproved by the General Election Commission; 29.11.7. candidate nomination breaches Article 26.8 hereof; 29.11.8. an activity has been organized to entice voters inviolation of Article 35.15 hereof; or 29.11.9. an independent candidate’s platform fails to meet thecriteria set forth in Article 34.3 hereof.29.12. In the absence of grounds specified in Article 29.11 hereof, the 39
  41. 41. General Election Commission and district committees shall pass theirdecisions on the registration of candidates.29.13. The General Election Commission and district committeesshall issue identification cards to the candidates they have respectivelyregistered for membership in the State Great Hural.29.14. A candidate may not recall his/her candidacy after he/she isregistered with the General Election Commission or district committeeand receives the identification card of a candidate for membership in theState Great Hural.29.15. A district committee shall deliver its decision on candidateregistration to the General Election Commission within three workingdays after the candidate registration deadline expires.29.16. If the General Election Commission or district committee declinesto register a candidate, the party or coalition concerned shall rectify thebreach of law and request a re-registration of its candidate or may proposeanother candidate 20 days before the polling day as per procedures setforth in this Law.29.17. The General Election Commission shall compile the slates ofall candidates at district and national levels and make the slates publicwithin six working days after the decision referred to in Article 29.12hereof has been made.29.18. If forgery of the documents referred to in Article 29.2, 29.3,and 29.5 hereof does not warrant imposition of criminal liability or thegrounds set forth in Article 29.11 hereof are found to be relevant after acandidate has been registered, the candidate and staffer from a party orcoalition election campaign body shall be subject to a fine in Togrogsequal to three to five times the monthly minimum wage, an official to fiveto seven times the monthly minimum wage, and party or coalition to fiveto seven times the monthly minimum wage respectively.29.19. Registration of a candidate in violation of Article 29.11 hereofshall provide grounds for his/her removal from the slate. 40
  42. 42. 29.20. If a candidate has been registered due to concealment of a knownviolation of Article 29.11 hereof, the culpable chairperson, secretary, ormembers of an election committee shall be subject to a fine in Togrogsequal to three to five times the monthly minimum wage.29.21. The culpable person/entity who has been imposed an administrativesanction pursuant to Article 29.20 hereof shall be removed from theelection committee and transferred by the relevant electoral committeeto a competent authority for legal liability if the violation is found to begrave.Article 30. Nomination of replacement30.1. In the case of the death or conviction by a court of law of a partyor coalition candidate , the party or coalition may deliver its decision onthe nomination of his/her replacement to and register him/her with anappropriate election committee as per procedures set forth in Article 29hereof 20 days before the polling day.30.2. A party or coalition is prohibited from proposing replacement incircumstances other than those set forth in Article 30.1 hereof.Article 31. Removal of candidate from slate31.1. If following a candidate’s registration pursuant to Article 29.12 and29.13 hereof and public announcement pursuant to Article 29.17 of thislaw, his/her removal from the list of candidates is justifiable under thisLaw, the General Election Commission or district committee shall makea decision thereof and make it public.31.2. In the event a dispute arises from the decision made by the GeneralElection Commission or district committee pursuant to Article 31.1hereof, it shall be resolved as per the jurisdiction and procedures specifiedin Article 11 hereof.Article 32. Assistant to candidate32.1. A party or coalition’s election campaign body, its staff, aide to 41
  43. 43. candidate and electioneer shall assist the party, coalition or candidate inconducting the campaign activities such as meetings with the electorate,promotion of election platforms as well as other business. 32.2. A party or coalition shall run the election campaign for itscandidates other than those standing for election in districts, on behalf ofall candidates nominated by the party or coalition.32.3. There shall be no more than one aide to candidate for every 500voters and no more than one electioneer for every 200 voters.32.4. The General Election Commission shall register and issueidentification cards to the staff of a party or coalition’s election campaignbodies, and to the aides to and electioneers of party or coalition candidatesother than those running in districts; district committees shall registerand issue identification cards to the aides and electioneers of candidatesstanding for elections in districts.32.5. The electioneer referred to in Article 32.1 hereof shall act on avoluntary basis.32.6. Staff from a party or coalition’s election campaign body, aide tocandidate or electioneer is prohibited from membership in an electioncommittee.32.7. The chairperson or secretary of an election committee who hasregistered and issued an identification card to an aide to candidate orelectioneer in violation of Article 32.3 hereof shall be subject to a finein Togrogs equal to three to five times the monthly minimum wage anda person/entity that has violated Article 32.6 hereof to two to four timesthe monthly minimum wage.32.8. An offender subject to administrative sanction pursuant toArticle 32.7 hereof shall be removed from the election committee andidentification card(s) issued by him/her in violation of Article 32.3 hereofshall be cancelled. 42
  44. 44. Article 33. Guarantees for candidate’s activities33.1. A party, coalition or candidate shall have a right to promote itsor his/her platform through the mass media, express its or his/her viewfreely, run an election campaign, and obtain information and referencesfrom a corresponding authority or organization in line with appropriateprocedures.33.2. In circumstances other than those where a candidate is apprehendedin the process of committing an offense or at scene with incriminatingevidence, it is prohibited to bring a criminal charge against, apprehendor detain him/her, impose an administrative sanction judicially, conductphysical check or search in his/her residence, office or vehicle, or dismisshim/her from his/her job by administrative action without consent of theGeneral Election Commission.33.3. It is prohibited to libel, defame or damage candidate’s reputation,and violate his/her personal privacy and privacy of his/her his/hercorrespondence.33.4. A citizen who has intentionally caused hindrance to the exerciseof one’s right specified in Article 33.1 hereof shall be subject to a finein Togrogs equal to two to four times the monthly minimum wage, anofficial to three to five times the monthly minimum wage, a legal personto five to seven times the monthly minimum wage, an official other thana civil servant who has violated Article 33.2 hereof, to three to five timesthe monthly minimum wage; a citizen in breach of Article 33.3 hereofshall incur a fine in Togrogs equal to two to four times the monthlyminimum wage if this violation does not warrant a criminal charge, anofficial to three to five times the monthly minimum wage, and a party,coalition, media outlet or other legal person to fifteen to twenty times themonthly minimum wage respectively.33.5. A civil servant who has violated Article 33.2 hereof shall be subjectto disciplinary sanction provided for in the appropriate law. 43
  45. 45. CHAPTER SEVEN Election platform and campaigningArticle 34. Election platform34.1. A party, coalition or independent candidate shall have an electionplatform.34.2. A candidate nominated by a party or a coalition is prohibited fromputting forth a separate platform other than the party or coalition electionplatform.34.3. An election platform referred to in Article 34.1 hereof may notcontain pledges to citizens of money, property, or entitlement to property,or proceeds or shares from mining, oil, minerals or other industry revenuesor any assets equivalent to these; or of cancelling or converting loans andother debts, or of providing services free of charge or at lower rates, or ofjob intermediation or employment.34.4. If an activity that requires a specific source of financing is setout in a party or coalition platform, the total expenditure necessaryfor its implementation shall be in conformity with the special budgetrequirements specified in the Fiscal Stability Law.1434.5. A party or a coalition shall obtain a determination by a stateaudit office on the conformity of its platform with the special budgetrequirements set forth in the Fiscal Stability Law.34.6. The platform of a party or coalition that has obtained majorityof seats in the election shall provide the basis for the programme ofactivities of a Government to be constituted by the State Great Huralformed as a result of the election.34.7. A party, coalition, or independent candidate shall have the financingsources presented for the implementation of its platform audited by anindependent audit organization.14 Law of Mongolia on Fiscal Stability, State Information Bulletin, Issue 30, 2010 44
  46. 46. 34.8. A violation of Article 34.2 and 34.3 hereof shall provide groundsfor the removal of a concerned candidate from the slate and abrogation ofthe decision on the registration of a party or a coalition for participationin the election, and the General Election Commission shall make thisruling public.Article 35. Election campaign35.1. A party, coalition, or candidate shall launch its or his/her electioncampaign on the day the candidate registers and obtains an identificationcard pursuant to Article 29.12 and 29.13 hereof.35.2. A party, coalition, or independent candidate shall have a rightto promote its or his/her platform and concepts and run an electioncampaign in support of a candidate by means not prohibited by law suchas a meeting, public rally, operation of a campaign facility, and displayof an election campaign board.35.3. Election campaign shall be terminated 24 hours prior to the pollingday or by 00.00 hours of the day before the polling day.35.4. A party or a coalition participating in the election shall confinea newspaper or publication that carries its platform to twenty printer’ssheets, one leaflet and poster to ten printer’s sheets, and candidate’sresume and other promotional materials to ten printer’s sheets.35.5. An independent candidate may present his/her platform in twonewspapers or publications of two printer’s sheets each, one leaflet andposter of one printer’s sheet, and his/her resume and other promotionalmaterials on one printer’s sheet.35.6. The total of the limits specified in Article 35.4 and 35.5 hereofshall be calculated based on the corresponding total of the publicationsdistributed to the voters.35.7. Election campaign mottoes, leaflets, posters, announcementsand boards conforming to the restrictions set by the General ElectionCommission for their number and size, shall be placed in the streets, 45
  47. 47. squares and other public locations as determined by the presiding bodiesof Citizens Representatives Hurals of soums and districts on the basis ofequality of parties, coalitions and candidates by the 1st day of April of theelection year.35.8. The public radio and television shall broadcast an election campaign-related programmes (hereinafter referred to as “campaign programme”)as listed and timed by the General Election Commission free of chargeonly and broadcasting of campaign programmes on a chargeable basisshall be prohibited.35.9. In approving the schedule of free campaign programme broadcastsby the public radio and television, the General Election Commissionshall allocate equal air time to each party and coalition as well as each ofthe independent candidates running for election in the same district andpass and enforce a decision thereof.35.10. Transfer of schedule and air time referred to in Article 35.9 hereofto other parties, coalitions, or candidates is prohibited.35.11. Radio and television companies other than the public radio andtelevision may broadcast paid campaign programmes and the total airtime of such a paid campaign broadcast shall not be in excess of twohours per day.35.12. In the event radio and television companies other than publicradio and television have more than one channel they shall broadcastcampaign programmes on their primary airwave channel only.35.13. The General Election Commission and CommunicationsRegulatory Commission shall jointly approve procedures for electioncampaign broadcasting referred to in Article 35.11 of this law andmonitor enforcement thereof.35.14. Radio and television companies referred to in Article 35.11 hereofshall abide by the principles set forth in Article 35.9 and 35.10 hereof inbroadcasting election campaigns. 46
  48. 48. 35.15. The following actions and activities seeking to entice voters shallbe prohibited for all from the beginning of the election year to the endof the polling: 35.15.1. to distribute money, provide goods and services forfree or at lower rates to voters, organize chargeable lotteries, betting, orgambling games for voters; 35.15.2. to hold election campaign-related public events suchas sports tournaments or competitions, festivals, or arts performance orsponsorship thereof, or receptions, parties, or banquets; 35.15.3. to arrange foreign and domestic tours, vacations atholiday resorts and/or recuperation at health resorts for voters; 35.15.4. to organize any type of activity aimed at establishingpolitical ranking, slander or libel others, or disseminate false informationusing the printed, broadcast and electronic media; and 35.15.5. to conclude contracts or oral agreements to give moneyor goods provided by oneself or others in the future or pledge proceeds,shares or stocks, or job intermediation or employment.35.16. Article 35.15.2 hereof shall not apply to the activities that areconducted with central or local government funds.35.17. A party or a coalition intending to participate in elections as wellcandidates may not obtain, directly or indirectly, advice, assistance,or support from a foreign natural or legal person in regard to electioncampaign from the beginning of the election year to the end of thepolling.35.18. A party, coalition, or a candidate, or a party or coalition electioncampaign body, its staff, aide to candidate, or electioneer is prohibitedfrom taking or conducting the following actions or activities in the courseof the election campaign: 35.18.1. to undertake campaigning in any manner after the 47
  49. 49. deadline specified in Article 35.3 hereof to the end of the polling orconduct an opinion poll or publish or distribute results thereof in theweek before the polling day; 35.18.2.for a party or coalition candidate to make a pledge notreflected in the party or coalition platform or take any action of this naturein election campaigning; 35.18.3. to perform work or provide services of the nature ofinvestment involving state or other assets; ��������������������������������������������������������������������� 35.18.4.������������������������������������������������������������� to distribute materials in excess of the quantity specifiedin Article 35.4����������������� ��������������������� and 35.5 hereof� ; 35.18.5. to place campaign mottoes, leaflets, posters, orannouncements on building walls, entrances, fences, street lightingpoles and places other than those specified in Article 35.7 hereof; 35.18.6. to conduct the campaign in breach of Article 35.8-35.12hereof; ���������������������������������������������������������������� 35.18.7.�������������������������������������������������������� to use loudspeakers from ����������������������������� 23.�������������������������� 00������������������������ ����������������������� (11 pm) to 10.��������� ������������ 00������� ������ am ofthe following day�; 35.18.8. to refuse to participate in the election or conduct acampaign calling for violation of the election or other legislation; 35.18.9.�������������������������� to use religious rituals�; 35.18.10. to distribute machinery, equipment, money, medicines,foodstuffs, or other goods to a voter, his/her family member, underagecitizen, organization, or a community free of charge or sell these atlower rates by oneself or through other parties or under the name ofhumanitarian, charitable, religious, or non-governmental organization orfund, or pay a wage or benefit to entice voters; ������������������������������������������������������������������� 35.18.11.���������������������������������������������������������� to provide personal or health services free of charge orat lower rates or�������������������������������������� ������������������������������������� medical examination to entice voters� ; 48

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